On November 2, 1966, the United States Congress approved Public Law 89-732, "The Cuban Adjustment Act", commonly known in Spanish as the Cuban Adjustment Act, which allowed the Attorney General, "at his discretion and pursuant to such regulations as he may prescribe," to adjust the immigration status of Cuban refugees in the United States.
On September 28, 1965, faced with an increase in illegal departures, the Cuban government opened the port of Camarioca to make it easier for Cubans living in the United States to come and look for family and friends. In response to this unilateral measure by the Cuban government, the American government began to negotiate an immigration agreement with Cuba, which culminated on November 6, 1965, with the signing of the document known as the "Agreement between Cuba and the United States of November 1965, regarding the transfer of Cubans who wish to live in the United States."
The limbo situation suffered by many of the Cubans who had arrived in the US before 1966 and the lack of a solution for the legal adjustment of those who began to come on the Varadero flights, forced the US Congress in practice to implement and approve the Cuban Adjustment Act in November 1966. Thus, both Cubans who were in the United States, as well as those who would arrive via the "Air Bridge" could apply for permanent residence in accordance with the requirements established by that Law.
According to this law, any person born in Cuba, his or her spouse or children under 21 years of age, are eligible to obtain permanent residence in the United States after physically remaining in the country for one year. To be eligible for this law, a person must meet the following requirements:
- Prove that you are a Cuban national or citizen.
- Having legally entered the United States.
- Having been physically in the United States for one year.
- Not be impeded by criminal charges or other reasons that render the person inadmissible to the United States, such as having participated in persecution of individuals based on sex, nationality, political ideals, or for belonging to specific groups, etc.).
Difference between the Cuban Adjustment Act and political asylum
Cuban Adjustment Act for spouse
The spouse of a Cuban national who is in the United States can adjust his or her status through the Cuban Adjustment Act if you meet all the above requirements and can prove with legal documents and facts that it is a real marriage. The main requirements are:
- The relationship continues to exist until the spouse or child receives a green card.
- You must be living with the person applying for a green card under the Cuban Adjustment Act in the United States.
- They must be eligible to obtain an immigrant visa.
- They must apply together with their spouse to the Cuban Adjustment Act.
Children under 21 years of age are included in the same requirements as spouses to obtain permanent residence based on the law that protects Cubans in the United States.
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